Eric R. Breslin concentrates his practice in the areas of complex commercial litigation and white-collar criminal litigation, representing a broad range of companies and individuals.
Mr. Breslin has tried a variety of criminal and civil matters to verdict in state and federal courts in New Jersey and elsewhere. He has also conducted numerous internal investigations for corporate clients.
Mr. Breslin is a former judicial clerk to the Honorable Robert N. Wilentz, Chief Justice of the New Jersey Supreme Court, and he is admitted to practice in New Jersey and New York. Mr. Breslin is a 1982 graduate, with honors, of George Washington University Law School and a graduate of Oberlin College.
Areas of Practice
· White Collar Criminal Defense
· Complex Civil Litigation
Representative Matters
Trial
· Obtained a ruling for a sporting-goods manufacturer that reversed the Pennsylvania Department of Labor & Industry Unemployment Compensation Division's initial finding of an employer-employee relationship between the company and its seasonal workers.
· Obtained a decision from the Appellate Division of the New York Supreme Court that set the discipline of a client who was facing possible disbarment at a two-year suspension from the practice of law.
· Represented several financial news letter publishers in criminal investigation and in subsequent civil litigation by Securities & Exchange Commission. Investigation resulted in no charges filed and civil litigation settled for nominal settlement.
· Represented attorney in state and federal securities inquiries related to real estate investment vehicles, with outcome that the client found favorable.
· Represented pharmaceutical company and officer accused of sexual harassment and other employment-related misconduct. Case was dropped after vigorous defense.
· Represented Puerto Rican power company in case involving allegations of serious criminal conduct. Effective defense resulted in misdemeanor plea agreement.
· Defended rock star entertainer who was accused of solicitation and other criminal conduct. Case was dismissed.
· Represented company that performs background checks for alleged negligent failure to screen background of worker who murdered a customer of his employer. Effective defense yielded limited settlement contribution of $5,000.
· Defended manufacturer sued for lost profits, damage to business reputation and consequential damages related to claims of contract breach and failure to deliver working equipment in timely manner. After cross-examination of principal witness, obtained favorable settlement for fraction of total damages sought.
· Handled internal investigation for pharmaceutical company with Puerto Rico operations. Investigation involved environmental issues and alleged violations of the Clean Air Act that potentially jeopardized company's licensing and permitting.
· Handled internal investigation for law firm with employees suspected of inappropriately using computers for potentially criminal purposes. Determined size and scope of problem and recommended effective options for solving it.
· Represented individual in shareholder dispute involving alleged duties of selling shareholders. Obtained favorable result.
· Represented woman accused of intentionally running over her lover with a vehicle. Obtained acquittal in non-jury trial.
· Handled matter in state court for subsidiary of major transportation company sued by a worker who alleged serious injuries from an accident at an airport terminal. Obtained favorable settlement of $3,000.
· Represented individuals accused of securities fraud and defrauding the government as a result of stock transactions related to a defense contracting company.
Professional Activities
· District VA Ethics Committee
Experience
· Duane Morris LLP
- Partner, 2004-present
· Epstein, Becker & Green, Newark, New Jersey
- Partner, 1999-2004
· Hannoch Weisman, P.C., Roseland, New Jersey
- Partner, 1989-1999
· Kostelanetz & Ritholz, New York, New York
- Associate, 1985-1988
· Stryker, Tams & Dill, Newark, New Jersey
- Associate, 1983-1985
· New Jersey Supreme Court
- Law Clerk to the Honorable Robert N. Wilenz, Chief Justice, 1982-1983
Honors and Awards
· Listed in Super Lawyers Corporate Counsel Edition, Civil Litigation Defense, 2009 and 2010
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Selected Publications
· Co-author, "U.S. Supreme Court Limits Honest-Services Fraud Prosecutions to Schemes to Defraud Involving Bribes or Kickbacks," Duane Morris Alert, June 28, 2010
Selected Speaking Engagements
· "What To Do When The IRS Comes Knocking: A Primer for Accountants," given to various accounting groups